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This entry was published on 2014-09-22
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Water board
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 2-B
§ 1048-f. Water board. 1. A city water board may be created by a
special act of the state legislature at the request of the city, as a
body corporate and politic, constituting a corporate municipal
instrumentality of the state and having the powers and duties as
provided in this title.

2. The water board shall consist of seven members appointed by the
mayor and confirmed by the common council of the city. Terms of office
of the members shall be two years except that the terms of four of the
board members first appointed shall be one year. At least one member
shall have experience in the science of water resource development. No
member shall be a director of the authority. The mayor shall appoint a
chairman from among the members of the board. All members shall continue
to hold office until their successors are appointed and qualified.
Vacancies shall be filled in the manner provided for original
appointments. Vacancies, occurring otherwise than by expiration of term
of office, shall be filled in the same manner as original appointments
for the unexpired terms.

3. Each member of the water board shall be entitled to reimbursement
for his actual and necessary expenses incurred in the performance of his
official duties and a per diem allowance of one hundred fifty dollars
when rendering service as a member; provided that the aggregate of such
per diem allowance to any one member in any one fiscal year of the board
shall not exceed the sum of five thousand dollars.

4. Notwithstanding any inconsistent provision of law, general, special
or local, or any city charter, no officer or employee of the city shall
be deemed to have forfeited or shall forfeit his office or employment or
any benefits provided under the retirement and social security law, by
reason of his acceptance of membership on the water board, provided,
however, that a member of the board who holds other public office or
employment shall receive no additional compensation for services
rendered pursuant to this title, but shall be entitled to reimbursement
for his actual and necessary expenses incurred in the performance of
such services.

5. The mayor may remove any member for inefficiency, neglect of duty
or misconduct in office after giving such member a copy of the charges
against such member and an opportunity to be heard and defended, in
person or by counsel, upon not less than ten days' notice. If any member
shall be so removed, the mayor shall file in the office of the clerk of
the city a complete statement of charges against such member, and the
mayor's findings thereon, together with a complete record of the

6. Members of the water board, other than members holding other public
office or employment, may engage in private employment, or in a
profession or business, subject to the limitations contained in chapter
eight section ninety-two of the Buffalo code of ordinances.

7. A majority of the members of the water board shall constitute a
quorum for the transaction of any business or the exercise of any power
of the board. The water board shall have power to act by the affirmative
vote of not less than a majority of the members in office at any duly
held meeting thereof. The water board may delegate to one or more of its
members or its officers, agents and employees, such powers and duties as
it may deem proper. Any member who is an officer of the city may, by
written instrument, filed with and approved as to form by the board,
designate another city officer to perform in his absence his duties
under this title. The term "member" as used in this section shall
include such persons so designated as provided herein. The designation
of any such person shall be deemed temporary only and shall not affect
the civil service or retirement rights of the person so designated.

8. The water board and its corporate existence shall continue so long
as it shall have contractual duties or obligations outstanding and until
its existence shall be terminated by law. Upon termination of the
existence of the water board, all of the rights and assets of the water
board then remaining shall pass to and vest in the city.

9. It is hereby determined and declared that the water board and the
carrying out of its powers and duties are in all respects for the
benefit of the people of the city and the state, for the improvement of
their health, welfare and prosperity and that such purposes are public
purposes and that the water board is and will be performing an essential
governmental function in the exercise of the powers conferred upon it by
this title.